legal Free Legal Advice

[cdma]

cdma, i agree with your take on demurrer.

 

tobleron, medyo malabo po.

<{POST_SNAPBACK}>

 

Thanks totoybola.

 

Btw, I watched the dvd of Coach Carter and your signature was one of the highlights.

 

 

Let me wish our BAR EXAMINEES the best of luck this Sunday and the next three. :cool:

[Guest Leviticus]

problem with net send command

 

help please. here at the office we are trying to use the command net send in ms dos propt.

 

problem ko why is it that there are some computers that we cannot send messages to.

 

same na ang workgroup namin; winxp ang gamit namin here.

 

 

any info would be appreciated

[R@v3n]

problem with net send command

 

help please.  here at the office we are trying to use the command net send in ms dos propt.

 

problem ko why is it that there are some computers that we cannot send messages to.

 

same na ang workgroup namin; winxp ang gamit namin here.

any info would be appreciated

<{POST_SNAPBACK}>

 

What version of Windows XP are you using? If it's SP2, then it is likely that the Windows Messenger service has already been disabled in those machines which is why you cannot use netsend on them. It's a feature that was disabled due to a possibility that it can be used to transmit viruses (in short, security vulnerability...). If not, maybe your administrator/computer "owner" has manually disabled the Messenger service so that no one can annoy him/her while working on that pc (that's what I always do on a 2k/XP machine... ). The last probability is that a firewall blocked your netsend message. (not likely...) :hypocritesmiley:

[Guest Leviticus]

^^ thanks for the reply. Ive got some checking to do. kanya kanyang upgrade to SP2 here kasi

[weazerboi]

hi, tanong ko lang ko if void po ba ang mga kasal na ganito sa civil;

 

1. dahil sa walang kasama yung lalake o babae sa kasal nila...yung tumayong guardian ay pinalabas na lola (kumuha lang nang matanda) then thru affidavit. Yung nilagay na pangalan nang lola, mali din if verified. (kunwari lita lopez, naging rita lopez)

 

void po ba ito from the start?

 

2. pwede po ba maghabol ang parents nung lalake o babae kapag nalaman nila na kinasal ang anak nila na hinde nila alam at wala silang consent?

 

if yes, pano po ang process nito?

 

maraming salamat po.

[Guest k....]

already tried yung blank pass pero di pwede, guest acct is disabled... let say sum1 give u a loptop na may OS na windows 2000 pro, pero hinde nya sinabi yung password ng admin.. pano gagawin mo?

<{POST_SNAPBACK}>

I got sumtin fer you: How to log on to Windows XP if you forget your password or your password expires

 

did that help?

[j_s_j99]

Nagkalat yun mga gamot na pampaarouse ng libido sa internet. I just want to ask the brilliant lawyers here kung may pananagutan ba sa batas kung pinainum mo ng pampaarouse yun sex partner mo without informing her.

 

If so ano kaso and what will be the penalty?

[tripmate]

anyone know's the reason behind this error on MAC : "error on joining the network/airpot?? "

 

i'm trying to connect my apple notebook to a wireless connection..... anyone has any idea????

[l3v3l]

ngkz may talent fee

 

if this involves cracking sys dll's/hashed registry keys,,err ima bit touchy when it comes to that. i'd rather go through a reinstall. just my 2/c

<{POST_SNAPBACK}>

 

 

bro... there is no dll cracking involved.. im just gonna run some program on that laptop ofcourse..

and wallla.. password is gone..

[Butsoy]

Wag nyo kalimutan ang National Committee on Legal Aid ng Integrated Bar of te Philippines sa 4th floor ng IBP Bldg. J. Vargas Ave. Ortigas Center PAsig City..

 

alternative

 

Legal aid office of some accredited law schools; wag na lang natin i-post un name

<{POST_SNAPBACK}>

[2sexy4u]

weazerboy,

 

pag walng parental consent ay voidable ang marriage, meaning valid until anulled. kc ang isang infractions ng law ay hindi mag papa void ng marriage, pde ito i ratify, at pde punuin ang kulang na requirements w/d in the 5 years period from the date of the marriage.

ang mananagot kapag may infractions dito ay ang mga tao na may kinalaman sa pagkakaroon ng kamalian, siya ay criminally, administratively and civilly liable.

 

pag walang parental consent ang babae o lalake na over 18 but below 21. ay voidable ang marriage, meaning valid until annulled. pero pde itong i ratify, ung ratification period nito ay 5 years mula pag naging 21 n ang isang party. ang pde lng mag process ng annulment or legal separation pag morethan 21 na, ay ang parties, kc ang marriage conract is a social institution and it is not an ordinary contract. pero pag wala pang 21, pde ang parents/ guardian ng either party ang mag process ng annulment or legal separation.

[fauxhead]

With all due respect to tasha8 and toosexy4u, i submit the following:

 

1. dahil sa walang kasama yung lalake o babae sa kasal nila...yung tumayong guardian ay pinalabas na lola (kumuha lang nang matanda) then thru affidavit. Yung nilagay na pangalan nang lola, mali din if verified. (kunwari lita lopez, naging rita lopez)

 

Ans: As long as the following are met:

 

Art. 2. No marriage shall be valid, unless these essential requisites are present:

 

(1) Legal capacity of the contracting parties who must be a male and a female; and

(2) Consent freely given in the presence of the solemnizing officer.

 

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

 

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

 

Hindi kailangan ng presence ng guardian sa kasal. Presence of not less than two witnesses of legal age ang requirement. Inconsequential sa validity nung kasal whether both of them are only from one side or their names are mispelled.

 

2. pwede po ba maghabol ang parents nung lalake o babae kapag nalaman nila na kinasal ang anak nila na hinde nila alam at wala silang consent?

 

Ans: Depende.

 

Kung below 18, di na nila kailangan maghabol sa korte, void from the very start ang kasal.

 

Kung one of the parties is only 18 or over but not yet 21 , pwede pa. Under Art 45, such a marriage is valid but it may be annulled. Under Art. 47 of the Family Code, annulment of such a marriage may be filed by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one.

 

To clarify what toosexy4u said, "pag wala pang 21, pde ang parents/ guardian ng either party ang mag process ng annulment or legal separation". This is only true if both parties are over 18 but under 21. If only one party is under 21, Article 47 of the FC says only the party whose parents did not give consent or his/her parents may file for annulment within the respective period allowed for them. Di pwede magfile ng annulment yung party or the parent ng party na over 21 na.

 

However, this gets complicated and interesting if there is a disagreement between the party over 18 but under 21 and his/her parents if the latter wants to file an annulment of the marriage which was without their consent. What gives?

 

A way out may be effected by an emancipation agreement between the parents and the party over 18 but under 21. Such an agreement will solve the problem as the parental authority is rescinded. But this is only effective if the parents relent. What if they don't want to?

 

Another way out is when the party over 18 but under 21 cohabits with the other party after he/she reaches 21 as per the provisions of Art. 45.

 

However, without an emancipation agreement, we may have an absurd situation whereupon the parents filed an annulment of a marriage while their son/daughter over 18 but under 21 fights them. Of course this is solved if the annulment proceeding is not finished when the son/daughter reaches 21 because mawawala na yung parental authority. Eh paano kung maaga maresolve yung annulment proceeding?

 

It is this part that I am asking the experts on this forum. What gives?

 

In the same vein, would it now be wise to make 18 the age of majority in all aspects so that an 18 year old person would be fully given his rights, civil and political? It is somewhat strange, in my humble opinion, to give an 18-year old person the right to chart the fate of the country by giving him the right to vote yet deny him the right to chart his life by withdrawing his right to marry. If a person votes stupidly, he damns the nation. If he chooses to marry stupidly, he only damns himself.

 

Of course, kung 21 and over na pareho, habol na lang yung parents sa tambolmayor.

[deus]

guys i once posted a query here a while ago bout my media player, appreciated the response but i still havent been able to fix it. I still get the message : ' an internal application error has occured" and then nothing else. media player just doesnt run. i have winxp pro with sp2, media player 9 series. i have tried uninstalling it (no luck) tried deleting the media player files manually but for some reason, it keeps popping back in and i cant delete the folder itself "cannot delete windows media player: it is being used by another person or program" when i didnt even load it or used it! what the frag! tried wiping it with a couple of programs that i have that says it will permanently delete the files (no luck) uninstalling it through remove/add windows component. tried upgrading to windows media player 10 (still the same message after upgrade) what on earth should i do? tried uninstalling all my video codecs as well (for those who suggested this before tried it na rin, no luck) no worries naman kasi i use media player classic as my default player but i have some programs (microsoft encarta) that needs it to run. any more suggestions? thanks.

<{POST_SNAPBACK}>

 

Dude, forget WMP. download and use Quintessential player (its free). It can play most sound files as long as you download and install the plug-ins (free also). :thumbsupsmiley:

[j_s_j99]

How come walng reply sa question ko? D alam ang sagot?

 

I repeat the question:

 

Nagkalat yun mga gamot na pampaarouse ng libido sa internet. I just want to ask the brilliant lawyers here kung may pananagutan ba sa batas kung pinainum mo ng pampaarouse yun sex partner mo without informing her.

 

If so ano kaso and what will be the penalty?

[agentjackbauer]

j s j99,

 

interesting question. To the extent that the medicine will cause the girl to lessen her inhibitions and VITIATE HER CONSENT (meaning, consent is not freely given) to the sexual act, it can be argued that sex under such a scenario amounts to rape.

[tobleron222]

How come walng reply sa question ko? D alam ang sagot?

 

I repeat the question:

 

Nagkalat yun mga gamot na pampaarouse ng libido sa internet. I just want to ask the brilliant lawyers here kung may pananagutan ba sa batas kung pinainum mo ng pampaarouse yun sex partner mo without informing her.

 

If so ano kaso and what will be the penalty?

<{POST_SNAPBACK}>

 

 

hehehe, sabi mo brilliant eh, humble kasi kami dito sa legal thread. :hypocritesmiley:

[Kurtsky Keigee]

i have a problem here

 

Recently my PC started up with a grinding sound so i turned it off,

turned it on again after 1 minute ganun padin. I left my PC unused for couple of days tas ok na. What do you think is the problem. My hard disk has been unstable for white sometime now pero ngayon ok naman.

If hard disk or memory and may sira, posible kayang if i do memory intensive stuff or things that will make my PC use up more resources like games then baka may chance na may masunog sa loob or may masira?

Thanks in advance. Anyway i plan to upgrade rin naman soon just asking.

[deus]

@Kurtsky

 

It might be the floppy drive.

[fauxhead]

j s j99,

 

 

Kung yung pinainom sa babae eh yung mga tinatawag na date rape drugs kung saan mahihilo, makakatulog o kaya manghihina sya para magawa mo na ang kademonyohan mo, reclusion perpetua yun, boy. Rape yun.

 

Pero kung yung mga aphrodisiac ang tinutukoy mo, kung saan makakaramdam lang sya ng pagtaas ng libido pero in full control pa rin sya ng kanyang faculties which means sex would still be consensual, alang kasong criminal. Parang pinainom mo lang sya at tamang tipsy lang (some women get horny kung medyo tipsy, i think :evil: ). Basta walang pwersahan. Ang libido naman ay nakokontrol, di tayo parang pusa na pag pinakain ng catnip, mating stance kaagad.

 

However, in case the drug produces an adverse effect, like an allergy o kaya biglang hikain dahil sa pinainom mo, you shall be liable under Art 264 of the RPC.

 

Art. 264. Administering injurious substances or beverages. — The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to k*ll, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity.

[fauxhead]

To constitute a valid dismissal from employment two requisites must concur:

 

a. The dismissal must be for any of the causes provided in Article 282 of the Labor Code, and,

 

b. The employee must be given an opportunity to be heard and to defend himself.

 

The two notice rule must be complied: There must be a notice stating the charges against an employee AND another notice of the decision to dismiss him.

 

Hence, if the termination was not in accordance with the above, the employee may file for Illegal Dismissal with claims for backwages, damages, and reinstatement.

 

Hope this helps.

<{POST_SNAPBACK}>

 

 

I beg to disagree. Agabon vs NLRC (Nov 2004) brought back the Wenphil Doctrine or Belated Due Process Rule whereby dismissal for a sufficient cause (those included Art 282) but failure to observe the due process requirements only makes the employer liable for damages. Thus, an employee dismissed for a valid cause but was not given due process can only claim for damages. He cannot ask for reinstatement and backwages.

[-=extreme=-]

It might also be the Hard drive or the power supply (fan inside).

[bonito99]

check serrano case.

 

@miss manners: details please. what wrong reasons?

[tobleron222]

j s j99

 

If you are referring to the "mere administration of the substance" without more, try to look at the following.

 

R.A. 9165 AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,

 

"Section 3. Definitions. As used in this Act, the following terms shall mean:

 

(a) Administer. – Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication."

 

xxxxxxxxxxxxxxxxxxxxxxx

 

"(j) Dangerous Drugs. – Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act."

 

xxxxxxxxx

 

"ARTICLE II

 

Unlawful Acts and Penalties

 

xxxxxxxx

 

"Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions."

 

xxxxxxx

 

 

This law punishes the act of introducing dangerous drugs into the body of any person. I am not saying that the substance you have mentioned is a dangerous drug, but if it contains the same components referred to in Sec. 3(j) of Art. 1 of the said Act, you might find the answer to your question.

 

 

Partial List appearing on the attached Annex of the Act

 

"1988 UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

 

LIST OF SUBSTANCES IN TABLE I

 

1. ACETIC ANHYDRIDE

2. N-ACETYLANTHRANILIC ACID

3. EPHEDRINE

4. ERGOMETRINE

5. ERGOTAMINE

6. ISOSAFROLE

7. LYSERGIC ACID

8. 3, 4-METHYLENEDIOXYPHENYL-2 PROPANONE

9. NOREPHEDRINE

10. 1-PHENYL-2-PROPANONE

11. PIPERONAL

12. POTASSIUM PERMANGANATE

13. PSEUDOEPHEDRINE

14. SAFROLE"

 

Please see the entire law for complete list

[j_s_j99]

Thanks sa mga reply

 

Guys I am not refering to dangerous drugs. or drug na pampa2log. or prohibited drug.

 

I am referring to those that can be readily bought from sexshop na pampainit or pampaarouse ng katawan.

 

If for example you are not satisfied with the performance of your partner. Pinainum mo siya or pinapahid mo with out her knowing it para maging horny, is one liable under the law? If so ano charge?

[wildswans]

good day MTC legal team. i need some insight on this matter:

 

 

more than a month ago, my car was hit by a truck. the driver of the truck was the one at fault and this was also indicated on the police report. as usual, i forwarded all the necessary documents to my insurance. i went out of the country for a few weeks thinking my insurance would handle everything and my car will be ready for the repair shop once i get back.

 

when i finally got back, i was informed that the insurance of the other party was only TPL so they can't do anything about it except i claim it as own damage and pay the participation. i took my car to a rep*table shop to have it estimated on how much the repair would cost. then i called up the other party and spoke with the one handling the company's trucks and drivers.

 

i told him that his driver hit my car and their company should pay for the damages. he started arguing that the company is not going to pay for it since the one driving their truck was the driver and it was the driver's fault and should be the one liable for it. he also argued that it was the driver who appears at fault on the police report and it was the driver's signature that appears on the police report. he even said that, it's their company's policy to let the driver pay whenever they get involve in collisions that's why they only used TPL in their fleet of trucks so the driver would be more careful on the streets.

 

i argued back that the company have some kind of liability and responsibility on the actions of their drivers and they could not just let the driver face the problem alone especially when the one i spoke to confirm that the driver might not be able to afford the payment.

 

he told me that since it involves a huge amount(21k+), the driver won't be able to pay up and so he insisted that my car's fender undergo "pukpok" instead of replacing which i strongly refused. i don't trust their repair shop as well as my insurance's accredited repair shop that's why i only go to this one rep*table shop all these years. besides with that kind of damage, repairing it will not suffice.

 

he suggested that i claim against my insurance and they will pay for the participation but i don't find it fair since i'm not going to the accredited shop of my insurance and they would opt for cash settlement which will surely have a depreciated amount that the estimated cost.

 

a friend of mine told me that if i claim it against my insurance and let the offending party pay for my participation, my insurance would still go after the offending party so i'd be better off if i just claim it on my insurance. is this true? won't the offending party sue me for agreeing on letting them pay for my participation and then my insurance would go after them later on?

 

so, is the company not liable at all? is his argument valid at all? what kind of case should i file against them? do i have a strong case? does the company automatically pays for my attorney's fee as well should the case rule in favor of me? any other things i should know of?

 

any info will be appreciated.